What to do if a drunk driver hit my parked car and totaled it then took off?

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What to do if a drunk driver hit my parked car and totaled it then took off?

There was 3 people taken in to custody and none of them would fess up to who was driving saying that there was a fourth person who was driving that didn’t know and that this fourth person ran away. The vehicles owner has no insurance and I only have liability. My insurance is offering me $3500 for my car but it is worth abouth 6000 dollars, how can I get the full value for my car?

Asked on January 1, 2013 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You could possibly sue the three who were taken into custody. It's not necessary to know who was driving when you initiate a lawsuit; you can sue everyone you know of who was in the car and let them provide evidence as to who was actually driving, if they hope to avoid being found liable. You would name all three, plus a fourth "John Doe"--i.e. a presumed 4th person whose name you don't yet know. You can sue for any losses you have which are not covered by insurance.


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